Swarn Lata v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10280 of 2024 ====================================================== 1.

Swarn Lata, Daughter of Anil Kumar Singh, resident of - Shaktipuram, Police Station- Rajiv Nagar, Patna.

2.

Abha Kumari, Wife of Sachidanand Kumar, resident of -Chandra Vihar Colony, Road no.- 5, Police Station- Rajiv Nagar, Patna. 3.

Kumari Neetu Patel, Wife of Rakesh Kumar Mandal, resident of - Bishtaul, Lawani, Police Station, Jhanjharpur, Madhubani, at present resident ofVasant Vihar Colony, Ghurdaur Road, Uttari Nepali Nagar, Police StationRajiv Nagar, Patna. 4.

Vikash Kumar, Son of Jagarnath Shah, resident of Netaji Shubhash Marg, Atal Nagar, S.S.B. Camp Road, Police Station- Rajiv Nagar, Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairman, Vidyut Bhawan, Bailey Road, Patna.

2.

The South Bihar Power Distribution Company Ltd., through its Managing Director, Vidyut Bhawan, Bailey Road, Patna.

3.

The General Manager-cum-Chief Engineer, Patna Electric Supply Union, South Bihar Power Distribution Company Limited, Baily Road, Patna. 4.

The Executive Engineer, Electric Supply Division, South Bihar Power Distribution Company Ltd., Digha, Patna.

5.

The Executive Engineer, Electric Supply Division, South Bihar Power Distribution Company Ltd., Ashiyana, Patna.

6.

The Assistant Electric Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Ltd., Digha, Patna. 7.

The Assistant Electric Engineer, Electric Supply Sub Division, South Bihar Power Distribution Company Ltd., Ashiyana, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyan Prakash, Adv.

Ms. Parul Priya, Adv.

For the Respondent/s :

Mr.Vinay Kirti Singh, Sr. Adv.

For the BSPHCL Mr. Deepak Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 29-07-2024 Learned counsel appearing on behalf of the petitioners seeks permission to make necessary correction in paragraph 1 of the present writ petition.

Patna High Court CWJC No.10280 of 2024(2) dt.29-07-2024 2/3

2. Permission is granted.

3. Learned counsel for the petitioner is directed to make necessary correction in paragraph 1 of the present writ petition.

4. Heard the parties.

5. The present writ petition has been filed for the following relief(s) :

"i. For issuance of a writ in the nature of mandamus commanding the respondent authorities, particularly respondent nos. 6 and 7 to accept the application of the petitioners for an electrical connection and allow them to deposit the requisite amount for supply of an electrical connection to the premises of the petitioners situated Rajiv Nagar, Digha, Police Station, District-Patna. ii. For holding that in view of the order passed by the Hon'ble Supreme Court in Civil Appeal No.7572/2011 (Sri Chandu Khamaru Vs. Smt. Nayan Malik & Ors.), the owner/ occupier of the premises has a statutory right for an electric connection and it is the duty of every licensee under section 43 of the Indian Electricity Supply Act, 2003 to give supply of electricity to such premises within a month.

iii. For holding that in view of Clause4.13(B) of the Bihar Electricity Supply Code, 2007, even the person, who is not able to produce the proof of ownership of the premises are allowed to take electric connection on submission of certain documents."

6. Learned counsel appearing on behalf of the

Patna High Court CWJC No.10280 of 2024(2) dt.29-07-2024 3/3 respondents has stated that the present writ petition may be disposed off with a direction to the Respondent Nos. 6 and 7 to accept the application made by the petitioner along with the requisite amounts and consider the same in accordance with law.

7. Having regard to the above made submission, the present writ petition is disposed off with a direction to the Respondent Nos. 6 and 7 to accept the application of the petitioner for an electrical connection along with the requisite amount and consider the same strictly in accordance with law. The Respondent Nos. 6 and 7 is directed to consider the said application within a period of four weeks from the date of the copy of the receipt of this order.

8. With the above directions, the present writ petition stands disposed of to the extent indicated above. (A. Abhishek Reddy , J) Bhardwaj/- U